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BOH 24.2016 Approve McMorrows Septic Variance RESOLUTION APPROVING KATHERYN AND DANIEL MCMORROW'S APPLICATION FOR SANITARY SEWAGE DISPOSAL VARIANCES RESOLUTION NO.:BOH 24,2016 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mr. Brian Clements WHEREAS, Katheryn and Daniel McMorrow filed an application for variances from provisions of the Town of Queensbury On-Site Sewage Disposal Ordinance, Chapter 136 to replace a failing wastewater system with three puraflo peat biofilter units, with a 12' x 28'1.5' stone absorption bed as follows: 1. Absorption area to be 96.4' from Lake George instead of the required 100' setback; and 2. Absorption area to be 3.9' from the side property line instead of the required 10' setback; 3. Absorption area to be 11.4' from the dwelling instead of the required 20' setback; 4. Septic tank and pump station to be 3.4' from the property line instead of the required 10' setback; 5. Septic tank and pump station to be 4.7' from the dwelling instead of the required 10' setback; and 6. Effluent line to distribution box (force main) to be 3.7 from the dwelling instead of the required 10' setback and 9.7' from the property line instead of the required 10' setback; on property located at 366 Cleverdale Road, Queensbury, and WHEREAS, the Town Clerk's Office published the Notice of Public Hearing in the Town's official newspaper and the Local Board of Health duly conducted a public hearing concerning the variance requests on Monday, July 25th, 2016, and WHEREAS, the Town Clerk's Office has advised that it duly notified all property owners within 500 feet of the subject property, NOW, THEREFORE, BE IT RESOLVED, that 1. due to the nature of the variances, the Local Board of Health determines that the variances would not be materially detrimental to the purposes and objectives of this Ordinance or other adjoining properties nor otherwise conflict with the purpose and objectives of any Town plan or policy; and 2. the Local Board of Health finds that the granting of the variances is necessary for the reasonable use of the land and is the minimum variances which would alleviate the specific unnecessary hardship found by the Local Board of Health to affect the applicants; and BE IT FURTHER, RESOLVED, that the Local Board of Health hereby approves the application of Katheryn and Daniel McMorrow for variances from the Sewage Disposal Ordinance to replace a failing wastewater system with three puraflo peat biofilter units,with a 12' x 28'1.5' stone absorption bed as follows: 1. Absorption area to be 96.4' from Lake George instead of the required 100' setback; and 2. Absorption area to be 3.9' from the side property line instead of the required 10' setback; 3. Absorption area to be 11.4' from the dwelling instead of the required 20' setback; 2 4. Septic tank and pump station to be 3.4' from the property line instead of the required 10' setback; 5. Septic tank and pump station to be 4.7' from the dwelling instead of the required 10' setback; and 6. Effluent line to distribution box (force main) to be 3.7 from the dwelling instead of the required 10' setback and 9.7' from the property line instead of the required 10' setback; on property located at 366 Cleverdale Road, Queensbury and bearing Tax Map No.: 226.12-1-62, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Clerk to forward by certified mail a certified copy of this Resolution to the Adirondack Park Agency for its review, and BE IT FURTHER, RESOLVED, that this approval Resolution shall not be effective until 30 days after such notice to the Adirondack Park Agency and shall be subject to any lawful action by the Adirondack Park Agency during such period. Duly adopted this 25ffi day of July, 2016,by the following vote: AYES Mr. Strough, Mr. Metivier, Mr. Clements, NOES None ABSENT: Mr. VanNess, Mr. Irish 3